SANJIVANI TRUST (REGD ) Vs. CHETAN SINGH AND ORS

JUDGEMENT

(1.) IN this revision petition, there is challenge to impugned order dated 21.5.2012, passed by Punjab State Consumer Disputes Redressal Commission, Chandigarh (for short, 'State Commission') which vide appeal of the petitioner against order dated 25.9.2007, passed by District Consumer Disputes Redressal Forum, Sangrur (for short, 'District Forum) in Complaint No.30 of 2007 was dismissed.

(2.) BRIEF facts are that petitioner/op no.2 and respondent no. 3/op no.3 floated 'Sanjivani Health Care Scheme' by which Members of Co -operative Societies alongwith their dependents were insured for getting treatment from the hospitals on its panel. Vide letter dated 21.11.2005, petitioner issued terms and conditions of the policy. Respondent no.1/complainant obtained membership of the scheme on 6.12.2005 through respondent no. 2/op no.1 - Society which was valid from 27.1.2006.

(3.) ON 22.2.2006, respondent No. 1 felt pain in his right leg and visited D.M.C. and Hospital, Ludhiana, where doctors told him that he was having secondary degeneration of right leg due to post traumatic AVN R Femur. Respondent No. 1 was admitted in the hospital from 23.2.2006 to 8.3.2006 for treatment where surgery was conducted. He spent Rs.2,12,674/ - on his treatment. Respondent no.1 informed the petitioner as well as respondent nos. 2 to 4 of expenses incurred on treatment and also submitted his claim with bills and requested to reimburse the same immediately. Petitioner and respondent nos. 2 to 4 repudiated his claim illegally. The act of petitioner and respondent nos. 2 to 4 was unfair trade practice and deficiency in service on their part. Hence, a complaint was filed with the prayer that petitioner as well as respondent nos. 2 to 4 be directed to pay Rs.2,12,000/ - spent on treatment by respondent no.1 alongwith interest @ 12% per annum from April 2006 till payment, compensation of Rs.25,000/ - on account of mental tension, harassment and Rs. 4,400/ - as litigation expenses.